Reducing Discovery Costs With Rule 502

Law360, New York (April 29, 2009, 12:00 AM EDT) -- New Rule 502, Federal Rules of Evidence, aims to reduce litigation costs. It avoids, or at least mitigates, the loss of protection for privileged documents that usually follows from disclosing them to an adversary in response to discovery. The hope is that Rule 502 will reduce the frequency and duration of wasteful “privilege reviews.”

For example: In proceedings in federal court, a company’s adversary requests all documents that are described within certain broad categories. The company identifies 300,000 electronic and paper documents that are responsive....
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